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In the United States, civil forfeiture (also called civil asset forfeiture or civil judicial forfeiture) [1] is a process in which law enforcement officers take assets from people who are suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing.
Approximately 64,695 Pounds of Shark Fins (520 F.3d 976) is a 2008 decision of the United States Court of Appeals for the Ninth Circuit concerning civil forfeiture in admiralty law. Judge Stephen Reinhardt wrote for a three-judge panel that ordered that the shark fins be returned to their owners, reversing a decision by the Southern District of ...
The Supreme Court stated the law on the matter: under the Due Process Clause of the 14th Amendment, states ordinarily may not seize real property (real estate) before providing notice and a ...
Fines and forfeiture of property – These are considered a form of punishment. In February 2019, the Supreme Court ruled that civil asset forfeiture may constitute excess fines and therefore be unconstitutional, even when imposed by states. [3] Costs and fees – These may include court costs, fees for supervision, payments for legal ...
In the context of civil asset forfeiture, “forfeit” is a misdirection. While forfeit familiarly means “to give up,” when the state “forfeits” your property, the government takes it as ...
Equitable sharing refers to a United States program in which the proceeds of liquidated seized assets from asset forfeiture are shared between state and federal law enforcement authorities. The Comprehensive Crime Control Act of 1984 set up the arrangement in which state and local police can share the seizures with federal agents. [1]
It has among the worst civil forfeiture laws in the country, according to the Institute for Justice, a Virginia-based public interest law firm that releases reports grading state forfeiture laws.
U. United States v. 12 200-ft. Reels of Film; United States v. $124,700 in U.S. Currency; United States v. 422 Casks of Wine; United States v. Approximately 64,695 Pounds of Shark Fins